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CAL/EPA FILES LAWSUIT AGAINST FEDERAL REGULATORS

 CAL/EPA FILES LAWSUIT AGAINST FEDERAL REGULATORS
 SACRAMENTO, Calif., Feb. 5 /PRNewswire/ -- Secretary for Environmental Protection James M. Strock announced today Cal/EPA's participation in a lawsuit against the U.S. Department of Health and Human Services regarding federal preemption of state regulation of foods, drugs, cosmetics, and medical devices. The suit, filed by the Attorney General on behalf of Cal/EPA, seeks a judicial declaration that certain recommendations made by the Advisory Committee on the Food and Drug Administration are invalid due to violations of federal law. The committee had recommended that the federal government preempt state law governing the safety of foods, drugs and cosmetics. No state representatives were present on the committee. Cal/EPA contends, in filing the suit, that the state's views should have been considered.
 Joining Cal/EPA in the suit are Public Citizen, the Natural Resources Defense Council, and the Center for Science in the Public Interest.
 "This is an important action." said Secretary Strock. "Federal regulators need to hear from states on matters that are of concern to the states. This is particularly true when federal preemption of state environmental and safety laws are at stake. California needs to preserve its authority to provide, as needed, protections and assurances about consumer products that are not present in federal law. There is a heavy burden to overcome when the federal government seeks to override state environmental laws."
 "We are very concerned about federal efforts to preempt state authority to require warnings for products that affect Californians, particularly if California's laws are more protective than those of the federal government," said Dr. Steven Book, interim director of Cal/EPA's Office of Health Hazard Assessment, which is responsible for implementing California's Proposition 65. That law has prompted industry to file a number of lawsuits seeking federal preemption of state warnings on pesticides, hazardous household products, and in the workplace.
 The case was filed in the United States District Court for the District of Columbia and seeks an order nullifying the FDA Advisory Committee's recommendations.
 -0- 2/5/92
 /CONTACT: Bob Borzelleri, 916-324-9670; or Dr. Steven Book, 916-445-6900, both of Cal/EPA/ CO: California Environmental Protection Agency ST: California IN: SU:


DG -- SF014 -- 7459 02/05/92 20:47 EST
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Publication:PR Newswire
Date:Feb 5, 1992
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